What to do if I was a passenger in an auto accident almost 2 months ago and incurred back pain but did not seek medical attention because I didn’t have insurance?
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What to do if I was a passenger in an auto accident almost 2 months ago and incurred back pain but did not seek medical attention because I didn’t have insurance?
The claims adjuster offered me $750, plus medical coverage up to $1000. Should I accept this or fight for more? The driver of the car was also injured and in physical therapy.
Asked on April 18, 2012 under Personal Injury, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
What you are potentially entitled to, in the event your injuries are caused by another's fault (that is, either intentionally or due to another's negligence, or carelessness) are:
1) Your unreimbursed or out-of-pocket (not paid for by health insurance) medical costs, both to date and projected future;
2) Lost wages, if any--both to date, and for a projected future loss or diminution of earnings;
3) Other out-of-pocket costs caused by the injury (for example, if you could not do housekeeping due to injuries and had to hire someone); and
4) For injuries that cause significant impairment of life functions or quality of life, some amount for pain and suffering. A very quick and rough rule of thumb is that pain and suffering, if due compensation for it, would be--for non-disabling injury--more or less equal to your medical costs.
As to whether you should accept the offer or fight for more--if you fight, it will take time; you will incur legal costs; and winning is not certain. If you are being offered an amount equal to around half or more of the sum of 1) - 4) above, you should think seriously about settling.
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